Worthless Check Procedures

The following is an explanation of the Worthless Check procedure. You will find a copy of the required 15 day letter and the Worthless Check Affidavit by clicking the links below. Both of these forms can be completed and printed from this website.

Worthless checks are checks that are written by an individual or under a business name registered as a "D.B.A." (Doing Business As) with a single signer on the account that upon depositing or cashing it is dishonored by the bank due to insufficient funds being available in the account. The original check is processed by the bank and stamped as "insufficient funds". The original check image is captured by the bank and the original check is often destroyed. A certified copy of the check image is acceptable when filing a Worthless Check Affidavit.

Requirements for filing a Criminal Complaint

• Present the check for payment. It is important that the bank stamps the check to indicate the reason the check was not honored.

• Send by certified or registered mail, evidenced by return receipt, or by first-class mail evidenced by an affidavit of service of mail, a letter informing the person who passed the check that the check was dishonored. The letter should be written in the format in the link below.

• After the fifteen (15) day period has elapsed, criminal prosecution may begin if payment has not been received.

• You must go to your local law enforcement agency office and sign a sworn affidavit initiating a prosecution. You must bring with you the following paperwork, as all three are required for prosecution:

a. The original worthless check stamped by the bank to indicate the reason the check was dishonored, or a certified copy of the check image indicating the reason the check was dishonored.

b. A completed and notarized Worthless Check Affidavit. If the form is completed but remains unsigned, the Front Desk Officer will notarize the signature at the Sheriff's Office.

c. A copy of the fifteen (15) day letter you sent to the check writer by certified mail, and the return receipt of the letter itself that was refused or returned to the Post Office.

If Restitution is offered:

• Accept the full amount of money due and provide a receipt.

• DO NOT agree to drop the prosecution.

• DO NOT agree to return the worthless check to the maker since it may be needed as evidence in court.

Alternative procedures:

In certain instances, you may want to proceed civilly to collect funds after receiving a worthless check. Section 68.065, Florida Statutes, provides. Contact the Clerk of the Circuit Court at (941) 861-7400 for procedures.

Necessary Procedures:

To enable the State Attorney's Office to prosecute a worthless check, the following procedures must be followed:

• Obtain information at the time the check is passed that will assist in identification. If a check cashing card program has not been instituted, obtain the information and write it on the check before you accept the check.

• Require a signature on the check to be made in the presence of the person accepting the check.

• The employee accepting the check should always initial the check to indicate that he or she witnessed the signature.

• Beware of starter checks. On both starter checks and valid checks, require all items to be legibly filled in and complete, including the marker's signature, the date, and the same amount expressed in numerals as in words.

• The party accepting the check should make a visual comparison between the endorsement on the check on the identification presented.

• Do not accept third-party checks.

• Keep an updated list of persons who have written a worthless check on a prior occasion.

15 day Letter Sample

Worthless Check Affidavit